Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My two cents on this. My first home has four stand alone 900 square foot homes sharing a single driveway. The property title deed specifically described the driveway as existing "for purpose of driveway". NOT parking. NOT anything else.
So yes all three other homes had the right to use the driveway to get to their specific private property or out to the public road.
It is the title deed description that determines this, not some academic hypothetical!
My two cents on this. My first home has four stand alone 900 square foot homes sharing a single driveway. The property title deed specifically described the driveway as existing "for purpose of driveway". NOT parking. NOT anything else.
So yes all three other homes had the right to use the driveway to get to their specific private property or out to the public road.
It is the title deed description that determines this, not some academic hypothetical!
Exactly. If there is no public easement listed on the title deed and/or survey of one's private property, the public does not have the right to trespass on one's private property. The same goes for privately owned dry sand beach areas up to the mean high water mark line.
Publicly owned beach is the wet sand beach area which is seaward of the mean high water mark line. This area is likely completely submerged at high tide.
Well it looks like the city did it because they had to create 2 more access points so they could get their Fed money.
Then the city started condemnation process on that land.
No other reason except to get those Fed $$$$. Environmental studies showed that this particular spot is not even a good one for a public beach spot.
There will be no parking. The current ingress/egress access the property owners use will be turned into a public one.
And with no public parking just what do you think will happen ?
Exactly. If there is no public easement listed on the title deed and/or survey of one's private property, the public does not have the right to trespass on one's private property. The same goes for privately owned dry sand beach areas up to the mean high water mark line.
Publicly owned beach is the wet sand beach area which is seaward of the mean high water mark line. This area is likely completely submerged at high tide.
The right to "trespass" on unposted land is protected by the constitution of my state. Trespass laws are completely different between different regions of this country and the result of differences in history.
Looks like Long Beach Township has bigger problems than just this one homeowner, maybe they should just let nature take it's course. I sure wouldn't want to be Long Beach Township, same thing is going on in Fire Island with easements, lawsuits over fair market value for condemnations and eminent domain.
Looks like Long Beach Township has bigger problems than just this one homeowner, maybe they should just let nature take it's course. I sure wouldn't want to be Long Beach Township, same thing is going on in Fire Island with easements, lawsuits over fair market value for condemnations and eminent domain.
Did the FedGov tell Fire Island the same thing they told New Jersey ?
The FedGov told NJ that they needed 2 more access points or they wouldn't get any Fed $$$.
Did the FedGov tell Fire Island the same thing they told New Jersey ?
The FedGov told NJ that they needed 2 more access points or they wouldn't get any Fed $$$.
I don't believe they did and not sure why maybe they already have access points, they went to court over just granting easements for the dune construction and the homes that are to be demolished did not accept the buyout and the county is using eminent domain.
They may have perceived a natural event threat to the structure(s) on their private property and believed ceding accretion to the public in exchange for protective beach nourishment and/or dune augmentation was worth it.
Not really. Dry sand beach and wet sand beach areas are remarkably consistent. Wet sand beach is seaward of the mean high water mark line. Property rights are remarkably consistent nationwide because of the Constitution's 5th Amendment.
I don't see anything consistent in that article. I know from experience on the west coast there are very narrow access points or paths but beach goers set up pretty much anywhere above the high water mark miles in either direction.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
